counsel investigation will come to a head when they interview president trump. he lied over 2000 times according to "washington post," you go into an interview with the fbi, where if you lie once, it is perjury. >> the rachael maddo show starting now, joy is n. >> thank you for joining us, rachael has the night off. early this month, a couple of days into the new year, an odd and dramatic thing happened in washington, d.c. the deputy attorney general of the united states, the supervisor of the special counsel in charge of the russian investigation, and fbi director, chris ray made an unannounced visit to capital hill. the deputy attorney general and the fbi director requested the meeting, what made this

unannounced meeting dramatic. at that moment, the justice department was in the middle of this ugly fight with house republicans, a group lead by this guy, dev in noneas. he was a member of the trump attempt he has been leading the most aggressive efforts in congress to try to under cut the mueller investigation. to try to create alternative scandals that white house likes better. for months, nunez has issued subpoenas to the justice department, demanding they turn over documents relating to the on-going russian investigation. the justice department pushing back, turning over that information would jeopardize an active counter intelligence investigation. undeterred, last month, house republicans deegan moving to

hold rosenstein and ray in contempt of congress. on january 3, when they showed up at paul ryan's office, they were there to ask for house speaker paul ryan's help. they were hoping that paul ryan would get nunez to back off. they didn't get paul ryan's help. instead, nunez announced that doj agreed to provide access to everything that he requested. the compromise appeared that documents would not be handed over to nunez, instead, the chairman and a handful of people from the house intelligence committee would go into a secure room in the doj to review them. there is one document, deemed so sensitive, chris ray decided to personally show it to nunez himself. apparently, what nunez proceeded to do, was take in a document,

about an on-going counter intelligence information, put that into a set of talking points, a memo, laying out a supposed conspiracy inside the fbi, to undermine the trump campaign and presidency. if you have been reading any right wing media, this is all anyone on the right has been talking and tweeting about. the secret memo that will bring down the russian investigation, reveal the experience at the heart of the justice department. republicans on the committee voted to make it available to the entire house. now, they are poised to vote to release it publicly. the justice department called that plan extraordinarily reckless and nunez would be violating the terms of the deal struck earlier this month in paul ryan's offense.

nope, he said, the deal does not prevent them from doing anything. as for speaker ryan, quote. as previously responded, the speaker's only message was that it needed to reply with oversight requests and no terms set. paul ryan is saying, sorry justice department, he seeded with them again. under the deal, the justice department struck with nunez, that is the ranking democrat on the house intelligence committee, adam shift, access to the underlying materials used by the majority to produce the talking points memo was limited to shift and appropriate staff. the majority doesn't dispute this. makes the absurd claim that it did not preclaim them from

sharing the information with other members of congress. if that were true, there was no point to limiting access in the first place. it is in clear violation to the commitment to the justice department. remarkable. the trump justice department is allied with democrats in a fight against republicans, all the hyperventilating about this memo, all of it may feel like background noise, given all the other thing that is are broken in the russian story in the last 24 hours, level alone the past week. we are in the midst of the fall-out from the "new york times" report, that the president gay the order to fire mueller back in june. the white house council threatened to quit rather than carry out that order. that story, that trump, described it as fake new, igniting fears that donald trump may try to fire robert mueller

again. mueller is not the only person that trump considered firing, another option, in discussion with advisors was dismissing rod j. rosensteip. trump has taken shots at him in the past. and still to be furious that sessions recused himself, and put rosenstein in charge of the russian investigation. officials who played key roles in the investigation, particularly those who might be able to cocorroborate testimony, that trump pressured him to end that investigation. tonight, at foreign policy, trump pressed seert to discredit

potential fbi witnesses. -- the daily beast reported this week, it targets three in particular. a controversial republican memo, surveillance abuse, named andrew mccabe, and duty attorney general rosenstein, and former fbi director comey. they are bound to face more criticism in fbi counter intelligence work. mccabe is being retired at the ripe age of 49. how about rosenstein, it is his time in the barrel next? after last night's "new york times" report. all the energy is over the

potential to fire mueller. what if it is not mueller he is after. >> listen to members talk about a coop, and criminal activity in the fbi, that will encourage the president to think that he can fire with mueller with impunity, and fire rod rosenstein, put in place someone that will tell bob mueller privately, you cannot look into these issues and follow the money. >> congressman shift, ranking member on this it would be more pernicious than to fire rosenstein, than mueller. what would happen with trump did it anyway? back in 1999, when he worked under deputy attorney general holder, he wrote the rules for special counsel,today, a new

op-ed. yes, trump can fire mueller, a normal president would know not to try it. >> privilege to be with you. >> you wrote in this op-ed, a couple of points, i read it. block trump was firing mueller, institutions are what matters, our system depends on separation of power, and character and judgment. right now, back are lacking. which officials are lacking did you have in mind? >> definitely, the president. it is important to take a step back and understand what you call this bombshell "new york times" report, that president tried to fire mueller. we are seeing the end of the trump presidency those are not

words i use lightly. this is the first time i have said anything like this. one is the legal stuff we have been talking about. there is an open investigation for fire comey, everybody seems to be incapable the telling the truth. 19 separate lies about who was meeting with the russians and the like. the essence of cover up. there is a second thing, a nonlegal aspect, more important, does this person have the character, to pick up the words of the op-ed, to be the president of the united states? >> trump was asked if he was thinking of firing mueller, he said, quote, hasn't given him any doubt. it has never been on the table, it is a manifestation of the media. and i can't imagine that a

president would say those things after he did two months earlier trying to fire mueller. i can't imagine a lawyer, bound by all sorts of ethical rules and not correct the record later on. there is a severe credibility problem with the president when ever russia comes up. if we knee about it before, the memo, and so on. if we knee all of this for the seven months, about mueller being biassed and so on. it would have been helpful to know, the president, and was rebuffed. >> you mentioned paul ryan and dein nunez, we will get to it in a moment. whether or not he can be held legally accountable. the constitution provides

impeachment. we know that the speaker of the house,icided with dev in to smer the fbi and attack the justice department. so far, the speaker of the house has not attempted to restrain nunez, he has given him an open door. it could result in sensitive information be sent to the house for political use. how can we have confidence that it could be the end of the trump administration. ltd those republicans we described hold him accountable? >> you look at the past year, what republicans in congress have been doing, james madison wouldn't be proud, 94, wouneithd

ronald reagan. they are partially to blame for this. i hope out hope, when the facts come out, if the mueller investigation is allowed to proceed, nobody would be able to look at this and say, this looks like an attempted cover up. this president is not shy on his vault of the rule of law. >> you write there is a concern, rather than firing mueller outright fire rosenstein, putting an assistant -- how concerned are you that that could happen? >> this president will undermine the rule of law whenever we can. we have been blaming republicans, one we shouldn't be that is rod rosenstein,

including by this president. he is president trump's guy. he nominated him to be deputy attorney general. now, the president doesn't trust him. it would be a cla lamity if something happened torosenstein. >> bring in senator corey booker, a member of the judicious committee. special council to keep mueller from being fired by the p. >> talk about robert mueller, the bill that you put forward to try to protect robert mueller, how would it change the rules for firing him from what they are now? >> right now, the president of the united states can order the justice department to do the fires, there is no check and balance. it is supposed to be fired only for cause, the arbtorof who that

is, comes back to the president of the united states. you are a president of the united states can be under investigation, have people indicted, i am going to fire that person. that create a crisis. what our bill says, let's create a balance to that power, letting the judicious decide, once the president has given that order or someone has, that supreme court or judges can give a review, if that action was the for cause or potential ly for te independent proconduct.

>> the three reasons, donald trump reportedly gave, that he quit his golf club, considered for a job at the fbi, under current law, trump could use those justifications to push mueller out? >> i am seriously alarmed, with the president's treatment of coemy, and the way he has the to tolitarian instincts, authorityian tendencies, reminisce sent of dictators, taulg about arresting and convicting those who ran in office. showing time and again, they

make me concerned that he could not only blow up norms, but lurch us into a constitutional crisis. >> what would the senate do, if rather than firing mueller or donald trump would use death by a thousand cuts strategy. firing rod rosenstein, putting in a deputy in his position, who would say, you can't have that budget allocation, and squeeze the investigation through the supervisory power of the deputy attorney general? >> i am grateful right now, with indsy graham, you can see senatoros both sides of the aisle, trying to do rational, prudent things, i am concerned about the example that you give as well as the long

standingests, many, many weeks of the republican echo machine, and more, trying to irnd mine the integrity, there seems to be an adult on the process, we know many facts, the russians have tried to underneath the electoral process, we know that there are people who have been indicted who pled guilty to aspects of that investigation. we know this is something that to me, should take all of us aware, we need to find out what happened, get to the bottom of it, to prevent it from happening in the future. this president should be allowing this investigation to continue, staying away from it, and waiting, if he did nothing wrong, be interviewed by the investigation as well. >> we have seen are you

confident in your not go back to defending the president as they often do. >> that is why i pushed this legislation with lindsey graham. it would be a disaster should donald trump do this. >> you hear people say all the time, thank god there are assaults in the room. whether it is now the white house council, stopping this president from doing things that most people agree would be disastrous. that should give us all cause for alarm ux that we have the penalty so willing to trample on democratic principles, ideals and the rule of law, and democratic norms. we are in perillous times in my opinion. we have to begin to put checks

and balances in place, and preserve the republic, and don't get to those disastrous moments. >> tv history for you. back in the day, breaking news was handled differently. if you want to get someone on the phone, you had to call them on national television. this was one of the iconic breaking news nights in history. what happened next, may help to answer some of the biggest questions around the russian investigation tonight. can a sitting president of the united states be indicted? that is next. 'sup, world? it's the box with 30% savings for safe drivers.

coming at you with my brand-new vlog. just making some ice in my freezer here. so check back for that follow-up vid. this is my cashew guy bruno. holler at 'em, brun. kicking it live and direct here at the fountain. should i go habanero or maui onion? should i buy a chinchilla? comment below. did i mention i save people $620 for switching? chinchilla update -- got that chinchilla after all.

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>> on october 20, 1973, nbc had to cancel the airing of "the tonight show" for a good reason. >> the tonight show will not be seen tonight to bring you the nbc news special report. >> i read in one of the newspapers this morning, the headline cox deif int. i don't feel deif int. >> the most serious

constitutional crisis in history. the president has fired the man you just saw, the special watergate prosecutor, the attorney general resigned. elliott richardson, appointed attorney general last may, in the midst of the watergate skands scandal quit, saying he cannot carry out his instructions. he refused to aboy a presidential order to fire the special prosecutor. in my career, i never thought i would be announcing these things. >> i never thought i would be announcing these things, that was john chancellor in 1973, the night richard nixon fired the man in charge of the watergate investigation. that was cox. nixon discharges cox for diif iance, abolishes task force.

it turns out his task force didn't stop investigating, even when cox was let g the night of the saturday night massacre, the special prosecutor team made sure all the evidence was secure. the fbi sealed up the space to make sure nothing was tampered with. then, the investigation kept going. soon, the investigation got a new boss, his name was leon ja o jaworski. >> he septed the job, only after the white house assured him he would have complete freedom running the investigation. he is confident he won't suffer the same fate as his predecessor, cox.

>> i am not anticipating an agreement will be reached. one of the mothers that you searched for and wanted was complete independence in this undertaking. >> put a pin in complete independence. that was leon jaworski. he inherited the watergate team and the evidence put together. after looking at the evidence stacked up against the president, he started asking questions. like, can you actually indict a sitting president of the united states? on february 12, 1974, he got advice on that question in a memo from his staff. yes, you could indict the president while he was still president. quote, if the president were placed so much apart from all other citizens to escape probable cause to believe he has committed a crime, one can only imagine how much greater the

public cynicism would be. to richard nixon was know indicted. they let impeachment proceedings continue. and a pardon from gerald ford for and all crimes he may have committed. one more relevant, now that inquiry is reaching critical mass. we have had impeachments and pardons, nevered in the sitting president has been criminally be indicted. can the president be charged with a crime. and if so, what would it look like? joining us, you worked for both of them.

>> we kept going, the next day, after the saturday night massacre, to let people in the white house know we were still open for business, i was making calls and keeping appointments. >> you were in the front row of that announcement. >> i think the group of the staff, you saw me coming out, i looked a lot different. i had a lot more hair and was a lot younger. >> apparently, in the case of watergate, it never got to that the determination was nixon could have been indicted for crimes. the impeachment of bill clinton, 1998, it is proper, constitutional, for a federal grand jury to indict a sitting president, contrary to the president's official duties, nobody even president clinton is above the law. do you concur with those findings? >> i think that is right but you have a justice department regulation, that wouldn't permit prosecutors to do that.

>> what is that regulation? >> it is a regulation within the department. it is a department practice that they are not going to indict a sitting president. >> a grand jury could indict the president, the justice department would not go forward? >> the justice department recommends indictment. it is not like the grand jury is going to do it on their own. if they d you have an argument by the president saying, he is a sitting president. his time would be taken up to a great exent, having to sit through pretrial proceedings, sitting through a criminal trial, it should wait until he finishes his term of office and/or is impeached. the legal issue is not decided. the bottom line legal issue s the president is not above the law. he is not king george. in 1776, we made a determination we would be run by constitution and laws, we got rid of the

king. so, we have checks and balances, and the president has to provide evidence as he will be required to do. >> let me stop you there. one of the things, he doesn't agr agree, president trump doesn't agree. he simply says no. >> the prosecutor will go in to court, and he will be directed to produce, i am sure if it goes to the supreme court, under us versus nixon, he will have no choice but to provide evidence. >> can he pardon himself? >> i don't think that would work. i don't think that pardon power extends to the point, where if you have a conflict of interest, pardon your relatives, son in law, daughter, whoever it is, and yourself, i don't think any court would say that pardon

power is included. there is such a body of law that has grown up about conflict of interest, i don't think that supreme court would apply that to a case where a person was so blantantly misusing the pardon power. >> under article 3, seconds 3 of the u.s. constitution, the president has to abide by and execute faithfully, the laws of the united states. that doesn't mean he can go out there and use them for his own purposes to evade the law and put himself above the law. i think that there would be a strong argument any that such pardon would not be enforceable. we have never had this happen before. >> we never tested all of that would hold up, the donald trump names the person who gives them a 5-4 majority.

>> it was 9-0, forcing him to turn over the tapes. >> the plot thickens, the former prosecutor, thank you so much. >> we have a lot more to get to on this busy friday. stay with us. ndered, was this the best treatment for me? so i made a point to talk to my doctor. he told me about eliquis. eliquis treats dvt and pe blood clots and reduces the risk of them happening again. not only does eliquis treat dvt and pe blood clots. eliquis also had significantly less major bleeding than the standard treatment. eliquis had both... ...and that turned around my thinking. don't stop eliquis unless your doctor tells you to. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. if you had a spinal injection while on eliquis call your doctor right away if you have tingling, numbness, or muscle weakness. while taking eliquis, you may bruise more easily...

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one week after announcing a bid for president, he brought the media to his northern virginia golf course and bragged about the top officials in

washington that are members. >> golf is doing well, golf at the, i am aware we are a high end golf is flying, at the high end, golf is hard to get into really good clubs, we have many people in washington, they are members, top, top officials of government. >> one top top official who was not a member at the top, special counsel robert mueller, according to the white house, mueller, then fbi director resigned his membership at trump's golf club after a dispute over membership fees, the mueller requested a refund, in accordance with club rules and never heard back. he is not alone. a judge ordered trump to pay $5 million in a case over disputed membership fees at his florida course. the paper reported, that trump ordered miler fired last june.

one of the rationale's, his confluctuate of interest regarding the fight over membership fees seven years ago. that claim has been met with wide spread ridicule. if you are talking trump golf, there seems to be plenty of investigative avenues for mueller to look into. mueller to look into. next.

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in 2012, during an interview with lat viian tv, donald trump jr., bragged the year before in 2011, they explored building golf courses in russia. what about russian investment in trump companies? whether or not any russian monies were used, trump's massive investments when banks would not loan him money has been a mystery to him.

quote. what they do show is enormous amounts of capital, throwing into the capital from unknown sources. at least on paper, it says it is from the trump organization. it is hundreds of millions of dollars. and the golf courses are just, you know, sinks, they don't actually make any money. quote, there is good reason to believe he would have had to have outside financial support for these things. it is true, trump's courses in scotland and ireland, only ones for which detailed information is available, show huge losses. ireland trump course lost millions, and in scotland, trump pureed 200 million, without either turning a profit. where did that investment money come from? a trip to scotland, candidate trump said he paid in cash.

>> we have no debt, no financing, i wanted to do that i didn't want to have financing on it, it was so specialty we just have an absolute zero debt property. >> zero debt. cash flow. >> there is no direct evidence it came from russia. today, we reached out to the trump organization about glenn simpson's allegation. the scotland and irelands we -- >> the president's second son eric, told a golf journalist, oh, yeah, all the money came from russia.

a story that the golf journalist recounted last year. >> when i first met him. i asked him how, this is the junlist in me. what are you using to pay for the courses. he tossed off that he had access to $one million dollars. >> when i got in the cart with eric, i said, who is funding, i know no banks, because of the recession, the great recession have touched a golf course. nobody is funding any golf construction, it is dead in the water the last four, five years this is what he said. we don't rely on american banks, we have all the funding we need out of russia i said, really. >> he said, yes, we have guys who love golf. they invested in our programs, we go there all the time. >> so, after that interview in may, eric trump denied those comment, calling them untrue. we have zero ties to russian

investors, that journalist stands by his story. we know that robert mueller is exampling a broad range of transactions involving trump's business. it seems that trump golf wouldn't be the worst place to start. >> golf is doing really well. i tell you what, golf, at the end i am in. we are high end golf.

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>> okay, file these under

headlines you would never think you would see in the "wall street journal." trump lawyer arranged 133 payment for adult film star's silence. president and the porn star, enough to make a stock broker blush. >> >> the wall street journal dropped another report. this time, within the president's orbit, concerning algauges made by dozens of former employees, that person is billionaire steve wynn. known for building iconic casinos along the vegas strip. there is the sheer magnitude of reporting publishing it 150 people who have worked or have

worked for steve wynn. dozens interviewed told of behavior that would amount to decade long sexual suggestive comments to demands for sexual favors by subordin e subordinates include people in very vulnerable jobs. one incident outlined he summon add manicurist and demanded she have sex with him until she finally did. he later settled for $7.5 million. the wall street journal reports that steve wynn exposed himself on numerous occasions to a massage therapist before he instructed her to perform a sex act on him. he's denied the allegations made telling the paper quote the idea i've ever assaulted any woman is preposterous. wynn resorts said they never

fielded any complaints. nevertheless after the report was published this morning, his casino company shares tanked. the market values dropped by over $2 billion. now the massachusetts gaming regulator has opened a review of wynn resorts. this is a pretty fast moving story but it has widespread political implications. he's also the finance chair for the republican party and he was a bit of a weird pick for the rnc. he's made donations to republican and democratic organizations. now he's a prolific republican donor. in 2016 he donated $833,000 to republican joint fund raising committees. he's supposed to lead the party's fund raising for house and senate candidates in the midterm elections this fall. republicans need that to be a

success. right now they have only a razor thin majority in the senate and face mag jor blue wave according to the polls. the rny has yet to comment. is the rnc going to keep steve wynn in charge of raising all that cash. not to mention the fact that steve wynn's home stats senator is up for re-election this year and he's one of the senate's most vulnerable republicans. democrats think they can flip his seat. steve wynn and his wife have donated tens of thousands of dollars to dean heller over the years. what happens to him? joining us is the daily beast white house reporter staying silent.

let me just confirm as of now they still have not commented on these allegations, no one at the rnc? >> as far as i know. unless msnbc or nbc news has some statement, i do not. we have been trying to get this out of them all day now. they have not commented on this which would be even -- at least a little bit less conspicuous than it is now if they hadn't gone all in after the immediate aftermath of the harvey wi winestein allegations and hits dae democrats and the dnc. for the harvey weinstein money they have gotten over the years. harvey weinstein donated significantly less to the dnc than steve wynn did to the rnc. it stands to reason that if and this is a gigantic big if, the republican party and rnc wented

to be epically consistent here, they would themselves immediately come out with a statement that this is beyond the pale for us. these allegations, these sexual assault and misconduct allegations and we would like to severe or relationship with steve wynn and give back the money he's lavished upon us and our candidates and various campaigns. they have not done that. >> just in 2016 steve wynn gave over $1.2 million. also way of contrast, john ross was tweeting he's given about $200,000 in the past to the nevada democratic party in 2014. let's talk about dean heller. how much of a relationship is there and how much pressure do you think dean heller will come away to move away from steve wynn or severe ties? >> i don't have the numbers in front of me regarding steve wynn

and dean heller. steve wynn is the finance chair of the rnc. that's no small thing. that's a much bigger role in the republican party that steve wynn had than harvey weinstein had in the democratic party. republicans who have sfanl financial and political ties to steve wynn including the current president of the united states, president donald trump should be asked and have their feet held to the fire regarding their ties with this guy. we don't need to give back any money until all of this plays out in a legal setting. that begs the question, why didn't you treat the democrats and harvey weinstein with the same level of benefit of the doubt. it almost seems as if the gop is acting kind of cynically here and does not actually care about sexual abuse of women. >> well, the president of the

united states and the head of the republican party does happen to have quite a few allegations of sexual conduct levelled against him hanging out there. maybe that's part of the problem. thank you very much. >> thank you so much for having me. one more story to get to here tonight about a curse one democrat may be hoping to break. stay with us. why make something this intelligent... (engine starting up) ...when it can get by on looks alone? why create something that stands out,

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find an eyecare professional at transitions.com cedric, i couldn't even bowl with my grandkids 'cause of the burning, shooting pain in my feet. i hear you, sam. cedric, i couldn't sleep at night because of my diabetic nerve pain. i hear you, claire, because my dad struggled with this pain. folks, don't wait. step on up and talk to your doctor. because the one thing i keep hearing is... i'm glad i stepped on up. me too, buddy. if you have diabetes and burning, shooting pain in your feet or hands, step on up and talk to your doctor today. we have just heard the president of the united states address our nation. by the way mr. president, happy

birthday tonight. >> got to love an infomercial. that 1985 infomercial is right up there with the most famous or infamous of all time. in 2009 it was governor bobby jindal. >> good evening and happy mardi gras. >> in 2013 it was republican marco rubio with his own version of watergate, bottle of watergate. being chosen to deliver the response of the stay of union can it put a real daemp on a political stardom. on tuesday after donald trump delivers his first state of the union address, the democrat response will be by one whose name rings a bill. the three term congressman from

massachusetts. his raet uncles for president john f. kennedy an senator ted kennedy. his grandfather was robert f. den i can. at the time he was one of the great hopes of the democratic party and the nation. bobby kennedy was killed two months and two days after martin luther king junior. sending his grandson to deliver the response on tuesday could harken back to 1968. can this kennedy whose very name evoked so much history of hope harness that nostalgia. watch this space. rachel will be back on monday. i'll see you in a few hours. my guest tomorrow include chelsea handler. it's time for the last word with l lawrence o'donnell.